1998-01-12 Workshop and Regular Meeting of City Council

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. o° ORDINANCE NO. 97-2208 AN ORDINANCE. WHEREBY THE .CITY OF LA PORTS, TEBAf3, AND 80IITHWESTERN BELL TELEPHONE COMPANY.AGREE TO AMEND ORDINANCE NO 1834, TO PROVIDE FOR AN EBT~:NDED TERM THEREOF; PROVIDING TERMINATION AND OTHER PROVISIONS AS A RESIILT~ OF AMENDMENTS TO THE PIIBLIC IITILITY REGIILATORY ACT'OF 1995; .CONTAINING FINDINGS AND OTHER PROVISIONf3 RELATING T~ THE AGREEMENT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LA~1; AND PROVIDING AN EFFECTIVE DATE HEREOF. WHEREAT;, the City of La Porte, hereinafter referred to as the "CITY", adopted and approved Ordinance No. 1834 on June 8, 1992, which was accepted by Southwestern Bell Telephone Company, hereinafter referred to as the "TELEPHONE COMPANY"; and WHEREAft, TELEPHONE COMPANY and CITY desire to extend the term of Ordinance: No. 1834 as provided in this Ordinance; and WHEREAft, it is to the mutual advantage of both the CITY and the TELEPHONE COMPANY that the term.of Ordinance No. 1834 be extended; acid . WHEREAft, it is~recognized by the parties that provisions set forth in Ordinance No. 1834 may create legal issues with respect to the CITY's •compliance with Section 3.2555 of the Public Utility Regulatory i~ct of 1995 effective September 1, 1995, hereinafter referred to as. the "Revised PURA"; the parties agree and intend that this amendment•to Ordinance No. 1834 constitutes an interim arrangement to accommodate the needs of the parties, pending clarification of the interpretation and application of the Revised PURA. • NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTS, TEXAS, THAT: Sectio=n 1. Section 4 of Ordinance.No. 1834 entitled TERM is hereby amended to read as follows: This Ordinance shall be in force. and effect from October 1, 19.97,. through September 30, 1998, unless earlier terminated pursuarit~to Section 17, provided that at the expirat:ion•of this initial period, such term shall be automat:ically•extended for successive periods of one (1) year, :unless written notice of intent to terminate this agreement is given by either party not less than ninety (90) d~iys prior to the termination of the then current period: When such notice is~given this agreement shall termin~:te at the•expiration of the then current period. Regardless'of the-right of automatic renewal, the term of this Ordinance shall not extend beyond September 30, 2002. n ~s